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University of Kentucky

1982

Articles 1 - 30 of 57

Full-Text Articles in Law

The Review Of The College Of Law Alumni Association, Fall 1982, University Of Kentucky College Of Law Oct 1982

The Review Of The College Of Law Alumni Association, Fall 1982, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Adversary Ethics: More Dirty Tricks, Richard H. Underwood Oct 1982

Adversary Ethics: More Dirty Tricks, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.


Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood Jul 1982

Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …


Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling May 1982

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …


The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood Apr 1982

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …


Surface Mining In Kentucky, Carolyn S. Bratt Jan 1982

Surface Mining In Kentucky, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Taxation, Frederick W. Whiteside Jan 1982

Kentucky Law Survey: Taxation, Frederick W. Whiteside

Kentucky Law Journal

No abstract provided.


Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke Jan 1982

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.


Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer Jan 1982

Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer

Kentucky Law Journal

No abstract provided.


Security Interests In Thoroughbred And Standardbred Horses: A Transactional Approach, R. David Lester Jan 1982

Security Interests In Thoroughbred And Standardbred Horses: A Transactional Approach, R. David Lester

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Evidence, Richard H. Underwood, Carolyn M. Geisler Jan 1982

Kentucky Law Survey: Evidence, Richard H. Underwood, Carolyn M. Geisler

Kentucky Law Journal

No abstract provided.


Surface Mining Primacy For Kentucky: The Legal Implications, Marcus P. Mcgraw Jan 1982

Surface Mining Primacy For Kentucky: The Legal Implications, Marcus P. Mcgraw

Kentucky Law Journal

No abstract provided.


Lessening The Constraints On The Export Of Coal: Some Structural Suggestions, Michael B. Barr Jan 1982

Lessening The Constraints On The Export Of Coal: Some Structural Suggestions, Michael B. Barr

Kentucky Law Journal

No abstract provided.


Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils Jan 1982

Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Civil Procedure, John R. Leathers Jan 1982

Kentucky Law Survey: Civil Procedure, John R. Leathers

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Administrative And Constitutional Law, Paul L. Oberst, Jeffrey B. Hunt Jan 1982

Kentucky Law Survey: Administrative And Constitutional Law, Paul L. Oberst, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.


A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter Jan 1982

A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Criminal Law, Connie Vance Sellars Jan 1982

Kentucky Law Survey: Criminal Law, Connie Vance Sellars

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Domestic Relations, Louise Everett Graham Jan 1982

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg Jan 1982

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.


The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain Jan 1982

The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain

Kentucky Law Journal

No abstract provided.


Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston Jan 1982

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.


Antitrust Boycott Analysis Applied To A Harness Racing Association, A. Vernon Carnahan, David S. Versfelt Jan 1982

Antitrust Boycott Analysis Applied To A Harness Racing Association, A. Vernon Carnahan, David S. Versfelt

Kentucky Law Journal

No abstract provided.


Applying I.R.C. Section 1033 To Involuntary Conversions Of Thoroughbred Horses, Bruce M. Reynolds Jan 1982

Applying I.R.C. Section 1033 To Involuntary Conversions Of Thoroughbred Horses, Bruce M. Reynolds

Kentucky Law Journal

No abstract provided.


Taxation Of Equine Partnerships: Selected Problems, Chris Trower, Thomas A. Davis, Alvin J. Geske Jan 1982

Taxation Of Equine Partnerships: Selected Problems, Chris Trower, Thomas A. Davis, Alvin J. Geske

Kentucky Law Journal

No abstract provided.


Stallion Syndicates As Securities, Rutheford B. Campbell Jr. Jan 1982

Stallion Syndicates As Securities, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown Jan 1982

Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown

Law Faculty Scholarly Articles

Under the rubric of environmental law, this Survey addresses three separate topics: air quality control, water conservation and development, and zoning. In the exploration of these three topics, relevant decisions from the Kentucky courts and the Kentucky Department for Natural Resources and Environmental Protection, as well as opinions from the Kentucky Attorney General, are analyzed.


The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone Jan 1982

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.


The Review Of The College Of Law Alumni Association, Winter 1982-1983, University Of Kentucky College Of Law Jan 1982

The Review Of The College Of Law Alumni Association, Winter 1982-1983, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne Jan 1982

Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne

Kentucky Law Journal

No abstract provided.